$115,000 Pain and Suffering Award for Soft Tissue Injury and Chronic Pain

Another walloping to the auto insurer ICBC as they seem to continually refuse to make reasonable offers of settlement. The Court has awarded $411,158.00 after a 2 week trial in Vancouver to a  claimant involved in a motor vehicle accident while driving on Highway 1 near Kamloops, B.C. (Biefeld v. Neetz,2016 BCSC 689). As a result…

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$170,000 Pain and Suffering Award for Depression and Chronic Pain

This injury claimant was awarded almost $1 million after suffering chronic pain injuries from a car accident. The accident occurred at the intersection of Fraser Street and 41st Avenue in Vancouver. The claimant’s vehicle was in the dedicated left turn lane and the defendant, intending to drive to the front of the left turn lane to…

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66 Year Old Entitled to Vocational Assessment after Car Accident

This was an assessment of the injury claimant’s bill of costs in a personal injury action that was settled at a mediation some three and a half months before the trial. The issue was whether it was reasonable to incur the cost of a vocational assessment when the claimant was already at the age of retirement…

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$40,000 to $50,000 Infant injury Awards for Pain and Suffering

  Here are two British Columbia ICBC case examples to help understand how to value an award for pain, suffering and loss of enjoyment of life for children injured in a car accident suffering neck, shoulders and back injury, PTSD, and severe anxiety. $40,000.00 2014 BCSC 262 (B.C. S.C.)- The infant plaintiff,10 years old at the…

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$175,000 Pain and Suffering Award for Brain Injury with Normal MRI

Mild Traumatic Brain Injury (MTBI) can be difficult to diagnose after car accident. The Insurance Corporation of BC generally refuses to accept the existence of a MTBI and will fight these claims to the end. In this case ICBC hired Dr. Rehan Dost, Neurology. Dr. Dost was eager to assist the court in assessing the credibility of the claimant…

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ICBC Adjuster Got Pleasure Causing Difficulty for Injury Claimant

The government of BC may be preparing to back ICBC in an appeal of a $350,000 award against ICBC for malicious prosecution. Transportation Minister Todd Stone indicated that ICBC may be considering an appeal. This is in a case where employees of ICBC were found to be getting enjoyment out of causing difficulty to innocent accident victims. When…

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Offer to Settle ICBC Injury Case Beat and Double Costs Awarded

ICBC is now forced to pay double costs on behalf of their insured after failing to accept several reasonable offers to settle this personal injury claim. ICBC’s unreasonable conduct forced this claimant to pursue this car accident litigation for over 10 years to obtain an award of over $700,000.00 from the court for soft tissue injuries to her…

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ICBC Decreasing Injury Rates Should Lead to Cheaper Insurance

Canada currently has less car accident injuries per year than any other time in recorded history yet ICBC has increased auto insurance rates. The number of fatalities, serious injuries, and total injuries is at its lowest since data was first collected by Transport Canada in the early 1970’s. Since 1994 the amount of serious injuries…

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$600,000 Injury Award Upheld- No Adverse Inference or Failure to Mitigate

Even if an injury claimant wins at trial in an ICBC injury claim, defendant’s have a right of appeal.  In this case even though the defendant lost at trial they alleged that the trial judge was wrong and should have blamed the claimant for her own injuries (failure to mitigate) and should have drawn an adverse…

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Requiring Injury Claimant to Sign Authorizations not Best Option

In this personal injury case ICBC made an application to force the claimant to sign authorizations for the production of certain medical records (Gee v. Basra,2015 BCSC 2495) . The order sought was: That within seven days of the date of this order the plaintiff do provide to counsel for the defendants, or alternatively do provide…

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